The European Commission’s communication of December 2010 outlining persistent
double taxation problems in the EU has at last generated widespread discussion
on how to finally resolve this apparently intractable matter. Despite the
conclusion of tax treaties and despite the enactment of several directives,
double taxation continues to occur within the EU, causing severe obstacles for
cross-border trade, for the provision of services and capital, and for the
free movement of persons. Extending ten contributions presented at a
conference in April 2010 at the University of Luxembourg, this book represents
the expert analysis and considered recommendations of twelve outstanding
scholars of European taxation. Among the elements covered are the following:
• the reasons for the existence (and persistence) of juridical and economic
double taxation;
• double burdens in criminal law;
• constitutional limits for double taxation;
• the Lisbon Treaty’s abolition of Article 293 EC, which had required Member
States to conclude tax treaties in order to abolish double taxation;
• whether double taxation can be avoided by the application of the four
freedoms;
• prospects for an EU-wide multilateral tax treaty;
• the proposed Common Consolidated Corporate Tax Base; and
• use of arbitration clauses in tax treaties.
With the discussion now vitally reinforced by the Commission’s study, this
timely book makes a strong contribution to expediting a viable solution to the
problem of double taxation in the EU. It will be warmly welcomed by lawyers,
officials, and other professionals working in the field of European taxation
policy and practice.
Preface and Acknowledgment Chapter 1 Double Taxation Alexander Rust
Chapter 2 Economic Double Taxation as an Obstacle to Cross-Border
Investments Olivier Remacle & Samantha Nonnenkamp Chapter 3
Double Jeopardy in Criminal Law: Conflicts of Competence and Possible
Solutions Stefan Braum Chapter 4 Double Burdens within the
European Union: Solutions in other Areas of Law: Constitutional Law Hanno
Kube Chapter 5 Double Tax Agreements: Between EU Law and Public
International Law Herwig Hofmann Chapter 6 The Abolition of Article 293
EC: Comments on Hofmann's Analysis Ekkehart Reimer Chapter 7
Double Taxation and European Law: Analysis of the Jurisprudence Georg
Kofler Chapter 8 How European Law Could Solve Double Taxation
Alexander Rust Chapter 9 Passing the Buck Around: Who Is
Responsible for Double Taxation?—Comments on Profs. Kofler and Rust's Analysis
Peter J. Wattel Chapter 10 Avoiding a Double Burden within the
European Union: Comments on Kofler and Rust's Analysis Servaas van Thiel
Chapter 11 Double Taxation: Selected Issues of Compatibility with
European Law, Multilateral Tax Treaties and CCCTB Pasquale Pistone
Chapter 12 MAP and Arbitration as Remedies for Double Burdens:
Evolutionary Law-Making through Procedural Rather Than Substantive Rules?
Roland Ismer Index